Someone drove into me but is now claiming it's my fault and that they have a witness - what shall I do? | Ask Honest John

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Someone drove into me but is now claiming it's my fault and that they have a witness - what shall I do?

I had an accident where I was waiting at a give way line and a car turned into the street, misjudged the space and drove into me, damaging both cars. Our cars ended up parallel to each other and I could not get out to take pictures as the door wouldn't open. The other driver took pictures and the moved his car. My car was damaged a little but I decided not to claim. He made a claim and since we had no pictures (he didn't submit his pictures to the insurance company as they clearly showed it was his fault) the insurance company insisted on 50/50. I agreed as I couldn't take the stress of all this. The other party now say they won't accept 50/50 as it wasn't their fault and will bring forward a witness.

At the accident there was no witness. My insurance company asked me if I was happy to go to court. How should I proceed?

Asked on 5 February 2018 by meya

Answered by Honest John

The relative road position of either vehicle should substantiate your case along with the areas of damage on either vehicle. Always get evidence by way of pictures at the scene the incident if it is safe to do so. Advise your insurer if you are happy to go to court, as if his false witness lies in court, contempt of court is an offence.

Tags: insurance claims courts accidents

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